Supreme Court overturns Patna HC Order postponing bail implementation for six months

“This is one of the few orders we have come across in last few days passed by the High Court, in which, without deciding the matter on merits, the High Court has granted the bail to the accused, subject to the condition that he shall furnish the bail bonds after six months of the passing of the order.”

Order postponing bail implementation

Supreme Court: In a special leave petition filed against the order of Patna High Court, wherein without deciding the matter on merits, the High Court has granted the bail to the accused, subject to the condition that the accused shall furnish the bail bonds after six months of the passing of the order, the division bench of Bela M. Trivedi and Satish Chandra Sharma, JJ. said that there are no reasons assigned as to why the implementation of the order granting bail was postponed for six months. The Bench opined that no such condition could be imposed for grant of bail to a person/accused. If the Court is satisfied on merits, it should grant bail or otherwise, reject the same.

Thus, the Court, after issuing notice to the State, set aside the impugned order. Further, the Court ordered that the Criminal Miscellaneous petition filed by the accused be restored to the High Court’s and scheduled the case for a fresh hearing before the Court concerned on 11-11-2024, where the matter will be decided on its merits and in accordance with the law.

CASE DETAILS

Citation:
IA No. 246195/2024

Appellants :
Nanhak Manjhi

Respondents :
State of Bihar

Advocates who appeared in this case

For Petitioner(s):
Mr. Shivam Singh, Adv. (arguing counsel) Mr. Kailas Bajirao Autade, AOR

For Respondent(s):

CORAM :

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